501 East 87th Street Realty Co. v. New York State Division of Housing & Community Renewal

*295Judgment, Supreme Court, New York County (Harold B. Beeler, J.), entered August 20, 2004, which, inter alia, denied petitioner landlord’s application to annul respondent Division of Housing and Community Renewal’s (DHCR) determinations finding that a swimming pool and parking garage are required ancillary services, and dismissed the petition, unanimously affirmed, without costs.

DHCR’s finding that the swimming pool was provided primarily for the use of tenants in the building, and is therefore a required ancillary service, is rationally supported by evidence that the pool is located on the…